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GRANDVIEW MINES v. C. I. R.

No. 16638.

282 F.2d 700 (1960)

GRANDVIEW MINES, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

August 16, 1960.

Attorney(s) appearing for the Case

Joseph Nappi, Allan H. Toole, Spokane, Wash., for petitioner. Ellsworth C. Alvord, Lincoln Arnold, Washington, D. C., of counsel.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, James P. Turner, Atty., Dept. of Justice, for respondent.

Before HAMLEY and MERRILL, Circuit Judges, and EAST, District Judge.

MERRILL, Circuit Judge.

Grandview Mines has petitioned for review of a decision of the Tax Court which denied petitioner a redetermination of alleged deficiencies in income and excess profits taxes for the years 1950 through 1953. At issue is the extent of petitioner's right to claim percentage depletion allowance. More specifically, the question posed by this petition may be stated as follows: Where the owner of mineral...

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